19108 Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Rules and Regulations 

DEPARTMENT OF AGRICULTURE 

Grain Inspection, Packers and 

Stockyards Administration 

9 CFR Part 202 

RIN 0580–AA97 

Rules of Practice Governing 

Proceedings Under the Packers and 

Stockyards Act 

AGENCY: Grain Inspection, Packers and 

Stockyards Administration, USDA. 

ACTION: Final rule. 

SUMMARY: This document amends 

Chapter 2 of Title 9 CFR to provide 

Supplemental Rules of Practice that will 

provide a mechanism for settling cases 

without the institution of formal 

proceedings. 

EFFECTIVE DATE: April 17, 2007. 

FOR FURTHER INFORMATION CONTACT: S. 

Brett Offutt, Director, Policy and 

Litigation Division, P&SP, GIPSA, 1400 

Independence Ave., SW., Washington, 

DC 20250, (202) 720–7363, 

s.brett.offutt@usda.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Grain Inspection, Packers and 

Stockyards Administration (GIPSA) of 

the U.S. Department of Agriculture 

(USDA) administers the Packers and 

Stockyards Act of 1921, as amended and 

supplemented (7 U.S.C. 181–229) (P&S 

Act). The P&S Act is a statute that 

provides comprehensive regulation of 

the marketing of livestock, meat and 

poultry in interstate commerce. Its 

principal purposes are to enforce fair 

trade practices and financial 

protections, and to take action against 

certain anticompetitive practices in the 

livestock, meat and poultry industries. 

Under the Administrative Regulations 

of the Department of Agriculture (7 CFR 

Part 1), any hearing to assess a civil 

penalty for violations of the P&S Act 

must be conducted in accordance with 

the ‘‘Rules of Practice Governing Formal 

Adjudicatory Proceedings Instituted by 

the Secretary of Agriculture Under 

Various Statutes’’ as contained in 

Subpart H of Part 1, Subtitle A, 7 CFR. 

Chapter 2, Title 9 CFR contains 

regulations issued pursuant to the P&S 

Act. This document adds new sections 

to Part 202 to provide Supplemental 

Rules of Practice to provide a 

mechanism for settling cases without 

the institution of formal proceedings. 

Under the existing rules of practice, 

persons alleged to be in violation of the 

P&S Act may be served with an 

administrative complaint and may 

ultimately be required to appear in a 

hearing before a United States 

Department of Agriculture 

Administrative Law Judge. Legal fees 

and other expenses related to this 

administrative process, and suspensions 

and/or civil penalties that may result 

from a finding of violation of the P&S 

Act, may be costly. This rule provides 

supplemental rules of practice to allow 

both GIPSA and the violator to resolve 

proceedings in a more timely and less 

costly manner. 

Executive Order 12866 and Regulatory 

Flexibility Act 

The Office of Management and Budget 

(OMB) designated this rule as not 

significant for the purposes of Executive 

Order 12866. This final rule implements 

additional Supplemental Rules of 

Practice relating to circumstances 

arising in connection with proceedings 

under the P&S Act. These new 

Supplemental Rules of Practice provide 

a mechanism for settling cases without 

the institution of formal administrative 

proceedings. The rule allows the 

Administrator discretion to enter into 

stipulation agreements with persons 

believed to be in violation of the P&S 

Act. The stipulations will occur before 

a formal administrative complaint is 

issued and will include payment of a 

civil penalty. Agreeing to the stipulation 

will be voluntary on the violator’s part. 

If the violator does not agree, the 

Administrator retains the right to 

proceed through formal administrative 

proceedings. 

For example, if our investigation 

reveals a person to be inaccurately 

weighing livestock in violation of the 

P&S Act, we will provide notice of the 

violation and opportunity for a hearing. 

The notice will also give the violator the 

option to settle the case by paying a 

specified penalty. If the case were to go 

through the formal adjudicatory 

procedures, we could ask the 

administrative law judge to impose a 

penalty of $11,000 per violation. By 

entering a stipulation agreement, the 

alleged violator would pay a discounted 

civil penalty that is substantially less 

and would save the expense of 

litigation. The government would also 

save the expense of litigation. If the 

violator elects not to accept the 

stipulation, we would still have 

opportunity to pursue enforcement 

through the formal adjudicatory process. 

To ensure that stipulations remain an 

effective tool for achieving compliance 

with the P&S Act, we will adopt internal 

procedures that generally do not allow 

repeat violators an opportunity to agree 

to stipulated monetary penalties. In 

most cases, repeat violators and those 

violators whose conduct results in 

substantial economic harm to other 

persons will not be offered stipulations, 

but would be subject to having a formal 

administrative complaint filed against 

them. Our procedures to use 

stipulations for less serious violations 

will ensure that these stipulations will 

promote efficiency and cost savings 

while still providing an additional 

deterrent against violations of the P&S 

Act. 

This rule is not a rule as defined by 

the Regulatory Flexibility Act (5 U.S.C. 

601–612). Therefore, this rule is exempt 

from the requirements of that Act. 

Executive Order 12988 

This rule has been reviewed under 

E.O. 12988, Civil Justice Reform. This 

action is not intended to have 

retroactive effect. This rule will not preempt State or local laws, regulations, or 

policies, unless they present an 

irreconcilable conflict with this rule. 

There are no administrative procedures 

that must be exhausted prior to any 

judicial challenge to the provisions of 

this rule. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3520) does not apply to 

this rule because the rule does not seek 

answers to identical questions or 

impose reporting, recordkeeping, or 

third party disclosure requirements on 

10 or more persons, and the information 

collected is not used for general 

statistical purposes. 

E-Government Act Compliance 

We are committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

Effective Date 

This rule (1) relates to internal agency 

management, and (2) improves the 

administration of programs regulated by 

the Packers and Stockyards Act because 

it affords more timely and less costly 

resolution of cases brought by USDA. 

No useful purpose would be served by 

delaying the effective date of 

implementing the use of stipulation 

agreements. Therefore, as allowed in 5 

U.S.C. 553, it is found upon good cause 

that notice and other public procedure 

with respect to this rule change are 

impracticable and contrary to the public 

interest, and good cause is found for 

making this rule effective less than 30 

days after publication in the Federal 

Register. 


cprice-sewell on PRODPC61 with RULES
Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Rules and Regulations 19109 

List of Subjects in 9 CFR Part 202 

Administrative practice and 

procedure, Stockyards. 

■ For the reasons set forth in the 

preamble, GIPSA amends 9 CFR part 

202 as follows: 

PART 202—RULES OF PRACTICE 

GOVERNING PROCEEDINGS UNDER 

THE PACKERS AND STOCKYARDS 

ACT 

■ 1. Revise the authority citation for part 

202 to read as follows: 

Authority: 7 U.S.C. 228(a); 7 CFR 2.22 and 

2.81. 

■ 2. Immediately following § 202.123 

add a new undesignated center heading 

and §§ 202.200 and 202.210 to read as 

set forth below: 

Rules of Practice Applicable to All 

Other Proceedings 

§ 202.200 Scope and applicability of rules 

of practice. 

The Uniform Rules of Practice for the 

Department of Agriculture promulgated 

in Subpart H of Part 1, Subtitle A, Title 

7, Code of Federal Regulations, are the 

Rules of Practice applicable to 

adjudicatory, administrative 

proceedings under the Packers and 

Stockyards Act, as amended (7 U.S.C. 

181 et seq.). In addition, the 

Supplemental Rules of Practice set forth 

in this part shall be applicable to such 

proceedings. 

§ 202.210 Stipulations. 

(a) The Administrator may enter into 

a stipulation with any person operating 

subject to the Packers and Stockyards 

Act, as amended (P&S Act), prior to 

issuing a complaint that seeks a civil 

penalty against that person. 

(1) The Administrator will give the 

person notice of an alleged violation of 

the P&S Act or regulations and provide 

an opportunity for a hearing; 

(2) The person has the option to 

expressly waive the opportunity for a 

hearing and agree to pay a specified 

civil penalty within a designated time; 

(3) The Administrator will agree to 

settle the matter by accepting payment 

of the specified civil penalty within a 

designated time; 

(4) If the person does not agree to the 

stipulation, or does not pay the penalty 

within the specified time, the 

Administrator may issue an 

administrative complaint citing the 

alleged violation; and 

(5) The civil penalty that the 

Administrator proposed in a stipulation 

agreement has no bearing on the civil 

penalty amount that may be sought in 

a formal administrative proceeding 

against the same person for the same 

alleged violation. 

(b) [Reserved]. 

James E. Link, 

Administrator, Grain Inspection, Packers and 

Stockyards Administration. 

[FR Doc. E7–7041 Filed 4–16–07; 8:45 am] 

BILLING CODE 3410–KD–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

RIN 3150–AI03 

List of Approved Fuel Storage Casks: 

Standardized NUHOMS System, 

Revision 9, Confirmation of Effective 

Date 

AGENCY: Nuclear Regulatory 

Commission 

ACTION: Direct final rule: Confirmation 

of effective date. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is confirming the 

effective date of April 17, 2007, for the 

direct final rule that was published in 

the Federal Register on February 1, 

2007 (72 FR 4615). This direct final rule 

amended the NRC’s regulations to revise 

the Transnuclear, Inc., Standardized 

NUHOMS System listing to include 

Amendment No. 9 to Certificate of 

Compliance (CoC) No. 1004. 

DATES: Effective Date: The effective date 

of April 17, 2007, is confirmed for this 

direct final rule. 

ADDRESSES: Documents related to this 

rulemaking, including comments 

received, may be examined at the NRC 

Public Document Room, located at One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852. These same 

documents may also be viewed and 

downloaded electronically via the 

rulemaking Web site (http:// 

ruleforum.llnl.gov). For information 

about the interactive rulemaking Web 

site, contact Ms. Carol Gallagher (301) 

415–5905; e-mail CAG@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jayne M. McCausland, Office of Federal 

and State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555, telephone (301) 415–6219, email jmm2@nrc.gov. 

SUPPLEMENTARY INFORMATION: On 

February 1, 2007 (72 FR 4615), the NRC 

published a direct final rule amending 

its regulations in 10 CFR part 72 to 

revise the Transnuclear, Inc., 

Standardized NUHOMS System listing 

within the ‘‘List of Approved Spent Fuel 

Storage Casks’’ to include Amendment 

No. 9 to CoC No. 1004. This amendment 

revises Technical Specifications 1.2.1 

and 1.2.14 to add the Framatome-ANP, 

Version 9x9–2 fuel assemblies as 

approved contents for storage in the 

NUHOMS–61BT dry shielded canister. 

In the direct final rule, NRC stated that 

if no significant adverse comments were 

received, the direct final rule would 

become final on April 17, 2007. The 

NRC did not receive any comments that 

warranted withdrawal of the direct final 

rule. Therefore, this rule will become 

effective as scheduled. 

Dated at Rockville, Maryland, this 11th day 

of April, 2007. 

For the Nuclear Regulatory Commission. 

Michael T. Lesar, 

Chief, Rulemaking, Directives and Editing 

Branch, Division of Administrative Services, 

Office of Administration. 

[FR Doc. E7–7262 Filed 4–16–07; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF THE TREASURY 

Office of Thrift Supervision 

12 CFR Part 563e 

[No. 2007–16] 

RIN 1550–AC08 

Community Reinvestment Act Rule—

Interagency Uniformity; Correction 

AGENCY: Office of Thrift Supervision, 

Treasury (OTS). 

ACTION: Final rule; correction. 

SUMMARY: OTS is correcting an 

inadvertent omission and incorrect 

word in a final rule that appeared in the 

Federal Register of March 22, 2007 (72 

FR 13429). That final rule reestablishes 

uniformity between OTS’s Community 

Reinvestment Act (CRA) regulations and 

those of the other federal banking 

agencies. 

DATES: Effective July 1, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Celeste Anderson, Senior Project 

Manager, Compliance and Consumer 

Protection, (202) 906–7990; Richard 

Bennett, Counsel, Regulations and 

Legislation Division, (202) 906–7409, 

Office of Thrift Supervision, 1700 G 

Street, NW., Washington, DC 20552. 

SUPPLEMENTARY INFORMATION: In the 

final rule FR Doc. E7–5188 appearing on 

page 13429 in the Federal Register of 

Thursday, March 22, 2007, the 

following corrections are made: 


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